There are many types of evidence that can prove the factual labor relationship, including but not limited to the following: 1. Recruitment records such as the "Registration Form" and "Registration Form" filled in by the employer; 2. Wage payment vouchers or records, and records of payment of various social insurance premiums; 3. Attendance records; 4. Documents that can prove identity such as "work certificates" and "service certificates" issued by the employer to workers. These evidences can be used individually or in combination to prove the existence of a de facto labor relationship between the worker and the employer. In labor disputes, workers can choose appropriate evidence to safeguard their rights and interests based on their actual situation.

How to prove the labor relationship if the employer and the employee have not signed a labor contract

1. Application registration form, employment registration form, offer letter, interview notification text message, etc.;

2. Documents that can prove job identity such as work clothes, pass, factory ID, work permit, technical certification certificate, professional certificate annual inspection record;

3. Payslip, salary income certificate (accountant required) Signature), social insurance records, enterprise annuity forms, housing provident fund forms or other salary payment records, etc. (salary payment in cash can be ignored);

4. Punch records, attendance records, overtime notices, etc.;

5. Testimonies from other workers (unless the colleague has resigned, this article is not very practical);

6. Internal company publications or company publications in which one’s own works are published Reports about one's own deeds on the website;

7. Work records, purchase contracts, sales contracts signed by me on behalf of the company, customer business records, etc.;

8. Posts signed by the company Responsibilities statement, salary confirmation, transfer notice, termination notice, etc.;

9. Certificates of honor, certificates of awards, penalty notices, trade union membership cards (or even printed Thermos cup with company name, etc.);

10. Emails at work, QQ chat records, WeChat records, work arrangement text message records, etc.;

11. Talking with company leaders, Audio and video recordings of work situations;

12. Financial loan slips, reimbursement vouchers, etc.;

13. Transcripts of investigations and inquiries by the traffic police department due to work-related injuries caused by traffic accidents;

14. Labor inspection department complaint registration, inquiry and investigation records, etc.;

15. Credit card bill mailing address is the unit.

How to collect evidence to identify labor relations:

First of all, the labor contract is an important basis for employees to work in the employer, and it is also an important evidence for resolving labor disputes.

Secondly, the labor relationship where the employee and the employer have not signed a labor contract is legally called a de facto labor relationship. Under the de facto labor relationship, workers are in an unfavorable and vulnerable position. Once the employer terminates the labor relationship at will or infringes upon the workers' legitimate rights and interests, it will be difficult for the workers to successfully and effectively safeguard their legitimate rights and interests. If A large number of workers' legitimate demands cannot be resolved, which will have a negative impact on the harmony of labor relations.

In the absence of a labor contract, it is necessary to collect evidence that can prove the existence of a labor relationship between the employee and the employer. At this time, please note:

First, do not Wait until a labor dispute occurs to collect evidence. Before a labor dispute occurs, pay attention to collecting evidence that can be used to determine the actual labor relationship. When workers have not signed a labor contract with the employer, they often lack awareness of rights protection and do not know how to collect some strong evidence that can prove the actual labor relationship whenever they have the opportunity during work.

If the labor dispute is caused by workers’ compensation for work-related injuries, then remember that when applying for work-related injury identification at the Labor Bureau’s Work-related Injury Determination Department, the workers who are witnesses are often required to be present and are still present. The employer needs to have several workers with such conditions testify.

I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.

Legal basis: Article 2 of the "Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations" If the employer has not signed a labor contract with the employee, it may refer to the following documents when determining that a labor relationship exists between the two parties: ( 1) Wage payment vouchers or records (employee wage payment roster), and records of payment of various social insurance premiums; (2) "Work certificate", "service certificate" and other documents that can prove identity issued by the employer to workers; ( 3) Recruitment records such as the "Registration Form" and "Application Form" filled out by the employer; (4) Attendance records; (5) Testimonies of other workers, etc. Among them, the employer bears the burden of proof for the relevant vouchers for items (1), (3) and (4).